Data Decoded: Insights for navigating our data-driven world delivers practical, in-depth analysis of the developments in the rapidly evolving data, cybersecurity, privacy, AI and digital governance legal landscape. As organizations face increasingly complex business strategy and compliance challenges, we offer clear and actionable insights to help organizations navigate risk and strengthen their compliance.<h2>About Morrison Foerster</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Linda Clark is a partner in Morrison Foerster’s Data, Cyber + Privacy Group. Prior to joining the firm, Linda served as the Chief Data Security Counsel for RELX, where she led the data security legal compliance efforts for RELX in over 40 countries and across their operations in four different market segments worldwide. Prior to that, Linda was a litigator at a large New York law firm. She has over 20 years’ experience advising clients, including on data security best practices and obligations, designing and implementing frameworks for compliance across large multinational organizations, and in complex litigation and regulatory matters.Linda’s practice centers on crafting strategic and comprehensive data security risk management programs, providing business-focused and practical advice, and leveraging her knowledge and deep experience to help organizations and their stakeholders, at all levels, prepare for and respond to incidents on a global and operationally feasible basis. This includes working with clients to proactively prepare for cyber incidents, including by developing incident response programs and risk assessment methodologies and conducting tabletop exercises for global audiences of varying seniority and responsibility. This comprehensive approach to incident readiness helps organizations hone the skills they will need to support critical decision making in high-stakes situations, allowing organizations to implement and leverage an incident response framework that goes beyond legal compliance and supports ethical decision-making.A defining aspect of Linda’s counsel is her ability to translate complex legal issues into actionable advice while accounting for the myriad and diverse concerns of stakeholders at all levels of an organization. She combines an in-depth understanding of technology and cybersecurity with knowledge of the challenges and opportunities clients face when addressing real-world issues. She has a broad command of global privacy and data security laws, having worked on matters in the United Kingdom, the United States, France, Japan, the Netherlands, South Africa, Australia, China, Austria, Brazil, the Philippines, and Germany. She frequently engages with regulators and law enforcement, enabling her to understand and navigate regulatory reviews, third-party audits, and investigations on behalf of her clients around the globe.An industry thought leader, Linda frequently speaks at conferences and educational institutions and is sought out by leading publications and think tanks for her analysis on timely data security and privacy issues, including the American Bar Association (ABA) Cyber Security Institute on topics such as ethical obligations to secure client information, cybersecurity risks, trends in the law relating to data security, and risk management and minimization strategies. Linda also speaks at schools and universities to educate younger generations about safeguarding their digital identities. Additionally, Linda works with leading U.S. nonpartisan, nonprofit law-and-policy think tank, the Sedona Conference, where she has served on the Data Security and Privacy Liability Leadership Council since 2017.Linda graduated cum laude from Barnard College, Columbia University, and is a graduate of the University of Michigan Law School. While at Barnard, Linda was a Research Assistant for the Human Learning and Memory lab, and also focused her studies on human and primate cognition. She is also a Certified Information Privacy Professional (CIPP/US) and a Steering Committee Member, New York City Bar’s Cyrus R. Vance Center for International Justice, Miami Chapter of “Women in the Profession.” In 2025, Linda was named to Law360’s Cybersecurity & Privacy Editorial Board. She previously served on the Steering Committee for the Cybersecurity Leaders’ Roundtable as well as on the Executive Committee of the Leukemia and Lymphoma Society.

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Partner

Linda Clark is a partner in Morrison Foerster’s Data, Cyber + Privacy Group. Prior to joining the firm, Linda served as the Chief Data Security Counsel for RELX, where she led the data security legal compliance efforts for RELX in over 40 countries and across their operations in four different market segments worldwide. She has over 20 years’ experience advising clients, including on data security best practices and obligations, designing and implementing frameworks for compliance across large multinational organizations, and in complex litigation and regulatory matters.

Linda Clark

Boris Segalis is a partner in Morrison Foerster’s Cyber, Data + Privacy Group. He advises companies at the intersection of data, technology, and regulation, helping them navigate complex legal frameworks while building and scaling data-driven products and services.As a leading privacy and cybersecurity lawyer, Boris’s practice is focused on issues where the law is evolving and the answers are not always clear. He works with clients to apply existing regulatory regimes to new technologies and business models, particularly in areas such as AI, data monetization, digital platforms, and emerging financial technologies. His work spans strategic product counseling, corporate transactions, and high-stakes regulatory matters, including representing companies in investigations by the Federal Trade Commission, state attorneys general, and global regulators.Clients rely on Boris for compliance advice and for practical guidance on how to operate in uncertain environments, whether designing new products, assessing regulatory risk, or responding to government scrutiny. He regularly advises on U.S. and global privacy and cybersecurity laws, including U.S. federal financial privacy laws, state privacy regimes, emerging AI requirements, and foreign privacy and cybersecurity regimes frameworks.He represents a broad range of companies, from high-growth startups to global public companies, across industries including technology, AI, financial services and Fintech, crypto, life sciences, consumer platforms, AdTech, and media.Boris has been recognized for seven consecutive years by Chambers USA in Privacy & Data Security and is also ranked by Chambers Global in Privacy & Data Security – USA. He is recognized by The Legal 500 as a leading lawyer in cyber law (including data privacy and data protection) and was previously named to Crain’s New York Business’s 40 Under 40.Boris holds a bachelor’s degree in mechanical engineering from Georgia Tech and a J.D. from New York University School of Law. He is a Certified Information Privacy Professional (CIPP/US) and has served as co-chair of the New York City KnowledgeNet chapter of the International Association of Privacy Professionals (IAPP), as well as on the IAPP Research Board. He graduated from Riga Simon Dubnow Jewish Secondary School in Riga, Latvia, in 1991.

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China: TMT: Data Protection & Privacy (International Firms): Band 1

Compliance Group of the Year

Ranked #1 firm among Lexology 100: Data (f.k.a. GDR 100’s Global Elite) 

Recognized as a Lexology 100: Data Firm (f.k.a Global Data Review)

U.S.: Privacy and Data Security: The Elite; Band 1 

U.S.: Privacy and Data Security: Litigation; Band 2 

U.S.: Privacy and Data Security: Healthcare; Band 2 

Global: Data Protection; Band 2 

Nationwide: Privacy and Data Security; Band 1 

FinTech Legal: Data Protection & Cyber Security; Band 1 

TMT: Data Protection & Privacy; Band 1

U.S.: Data Protection and Privacy; Tier 1 

UK: Data Protection Privacy and Cybersecurity; Tier 3

China: Data Protection: Foreign Firms; Tier 1

Belgium: EU Regulatory: Privacy and Data Security; Tier 3

Germany: Information Technology: Data Protection; Tier 4

Data, Cyber + Privacy

I love working with early-stage companies across industries and the world to help them develop and strengthen their business models’ use of personal information. This plays a critical role in everything, from fintech to technology, from AI to life sciences, from media to advertising, from digital health to deep tech.How I help: I help clients look around the corner on how their business might leverage data over time, how to use data innovatively in ways that assure investors and don’t trigger regulators. I am also there when regulators come knocking, having defended start-ups in federal and state privacy-related investigations. Favorite app or tech product: My iPhone for managing my life. Fidelity for investments. Tesla with its full self-driving. FlightTracker for knowing where I am. Alexa for not burning pizzas and knowing my weather. News apps for knowing what’s happening in the world. Favorite place for client meetings: Clients’ offices. I love seeing clients in their natural environment, and I always feel grateful for being there. Also anywhere in Southern California.Life beyond the law: Family – two little kids, one of whom is a goalie on a travel hockey team. Spending time with friends – priceless. I am also a news junkie and love vintage cars.

Boris Segalis is a partner in Morrison Foerster’s Cyber, Data + Privacy Group. He advises companies at the intersection of data, technology, and regulation, helping them navigate complex legal frameworks while building and scaling data-driven products and services. As a leading privacy and cybersecurity lawyer, Boris’s practice is focused on issues where the law is evolving and the answers are not always clear. He works with clients to apply existing regulatory regimes to new technologies and business models, particularly in areas such as AI, data monetization, digital platforms, and emerging financial technologies. His work spans strategic product counseling, corporate transactions, and high-stakes regulatory matters.

Boris Segalis

<div class="videoWrapper">Alex van der Wolk, managing partner of the firm’s Amsterdam office and chair of Morrison Foerster’s European Data, Cyber + Privacy practice, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management. Alex’s clients benefit from his practical approach and global perspective, saying: “he quickly gets to the heart of the issue and provides solid, pragmatic advice based on the experience he has gained,” “in addition to having very strong legal knowledge, he has a commercial understanding and provides great insight in global matters,” and  “Alex is a true privacy expert with the ability to offer practical guidance on complex problems” (Chambers EU).</div>Alex helps clients develop privacy and data strategies at the forefront of their digital and data-driven endeavors, especially those involving new technologies, such as artificial intelligence and the metaverse. He has particular experience assisting clients with structuring their approach to data in specialized areas, such as health-tech, Agtech, and Adtech. Alex is an experienced litigator, representing clients in privacy litigation in Europe, including successfully representing clients in the first class action cases in the Netherlands and the UK. Additionally, Alex is often called upon to head crisis management teams for clients facing investigations by data protection authorities or responding to cybersecurity incidents. He counsels clients on their incident and cyber preparedness and has done significant work advising clients on EU cyber and data regulatory frameworks, such as NIS2, DORA, the Cyber Resilience Act, and the EU Data Act.Notably, Alex was one of the first practitioners in Europe to help companies set up Binding Corporate Rules (BCRs), and since that time has used this deep knowledge to develop a longstanding and unparalleled track record in obtaining regulatory approval for BCRs, both in the EU and in the UK.Alex is a frequent speaker at high-profile international conferences, including IAPP and South by Southwest (SXSW), and is a guest lecturer at the Tilburg Institute for Law, Technology, and Society. He is a Dutch-qualified lawyer and a member of the Amsterdam and Brussels Bars. He speaks fluent English and Dutch.

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Managing Partner, Amsterdam

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Data, Cyber + Privacy practice and managing partner of the firm’s Brussels office, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management.

Alex van der Wolk, chair of Morrison Foerster’s European Data, Cyber + Privacy practice and managing partner of the firm’s Amsterdam and Brussels offices, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management. Alex helps clients develop privacy and data strategies at the forefront of their digital and data-driven endeavors, especially those involving new technologies, such as artificial intelligence and the metaverse. He has particular experience assisting clients with structuring their approach to data in specialized areas, such as health-tech, Agtech, and Adtech.

Alex van der Wolk

Few lawyers in the world have Miriam’s breadth and understanding of privacy and data security laws, obligations, and practices. As chair of Morrison Foerster’s preeminent global Data, Cyber + Privacy Group, leading 60+ lawyers, Miriam is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy and cybersecurity challenges. Miriam is a trusted advisor who provides legal and strategic advice on all areas of international privacy and data protection issues. She works with global companies on the planning and execution of complex global compliance efforts and helps them find practical solutions to use and manage personal information in every country in the world. She also defends regulatory matters relating to privacy and cybersecurity in the United States and internationally and advises on the Department of Justice Bulk Data Rules. Her counsel is particularly prized for cybersecurity preparedness and breach response. Miriam and her team have navigated some of the largest and most consequential cybersecurity incidents in history, including assisting Mandiant when it discovered and warned the world about the SolarWinds compromise. Having helped hundreds of clients respond to breaches, Miriam is frequently called upon to advise and educate boards of directors regarding cybersecurity and the key role that boards play in understanding and overseeing the potential risks. Miriam works with companies to develop comprehensive customized incident response plans, train staff, conduct extensive tabletop exercises, and address key issues with executive management. While she regularly advises clients on responses to ransomware attacks and other cyber extortion incidents, she works on all aspects that arise in the context of large security incidents, including communication strategies, notifications to customers, consumers, and regulators; public disclosures; interactions with law enforcement globally; litigation; and investigations by regulators around the world.Miriam serves as a board member of the ADP AI & Data Ethics Committee and is a leader in MoFo’s AI Group, a cross-practice team that provides sophisticated, full-service representation to a wide range of clients with companies that both develop and use cutting-edge, rapidly changing technology in the AI space. Miriam uses her extensive industry experience and collaborative global approach to help her clients integrate the newest trends and developments in AI with their business needs.Recognized as a market leader by all major directories, Miriam has been ranked in the top tier of privacy and data security lawyers worldwide by Chambers USA and Chambers Global for well over a decade. She was an inaugural inductee into The Legal 500 Hall of Fame, which is comprised of outstanding U.S. lawyers who have been recommended as The Legal 500’s Leading Lawyers for the last six consecutive years. The Cybersecurity Docket has recognized Miriam as one of its Incident Response 50, a list of the top data breach response lawyers globally. She has been named one of Financial Times’ Top 10 Innovative Lawyers in North America and a National Law Journal Cybersecurity and Data Privacy Trailblazer for her breakthrough work in this space. Miriam was also previously designated as an Ethisphere Attorney Who Matters and a BTI Client Service All-Star. A frequent commentator on cybersecurity, she has been interviewed by media outlets including CNBC, The New York Times, and The Wall Street Journal, among many others.

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Global Chair of Data, Cyber + Privacy

Few lawyers in the world have Miriam Wugmeister's breadth and understanding of privacy and data security laws, obligations, and practices. In the words of her clients, she is “extremely practical and phenomenally smart. Just about one of the best privacy advisers there is” (Chambers USA). Co-chair of Morrison & Foerster’s market-leading Global Privacy and Data Security Group and ranked among the top in the profession by all major directories, Ms. Wugmeister is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy challenges. “Tremendous at helping you come up with practical solutions to real problems” (Chambers USA), she develops cutting-edge solutions for clients that marry legal compliance with business realities.

Few lawyers in the world have Miriam’s breadth and understanding of privacy and data security laws, obligations, and practices. As chair of Morrison Foerster’s preeminent global Data, Cyber + Privacy Group, leading 60+ lawyers, Miriam is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy and cybersecurity challenges. Miriam is a trusted advisor who provides legal and strategic advice on all areas of international privacy and data protection issues.

Miriam Wugmeister

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The ICO recently secured three confiscation orders under the Proceeds of Crime Act 2002, totaling nearly £475,000, following the...

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When Data Misuse Becomes a Proceeds of Crime Issue – The UK ICO’s Growing Use of Confiscation Orders | Data Decoded

Annabel Gillham

Hayley Ichilcik

Brittnie Moss-Jeremiah

The ICO recently secured three confiscation orders under the Proceeds of Crime Act 2002, totaling nearly £475,000, following the unlawful access and sale of personal data. What does this tell us about the ICO’s enforcement strategy when data misuse results in financial gain?The confiscation orders indicate that the UK Information Commissioner’s Office (ICO) is increasingly prepared to use the Proceeds of Crime Act 2002 (POCA) alongside criminal prosecution where personal data is misused for profit. However, the orders were directed at individual employees rather than their employers, and there is no public indication to date that either employer organization involved has faced related regulatory enforcement action. Even so, the cases provide useful reminders for organizations about the importance of monitoring, internal escalation procedures, and early cooperation with the ICO.Background to the OrdersThe confiscation orders (the “Orders”) include a £355,880.10 order against former motor insurance worker, Rizwan Manjra (the “Manjra Order”), and two orders totalling £118,852.32 against former RAC employees, Debbie Okparavero and Maliha Islam (the “RAC Orders”).<ul><li>The Manjra Order: Rizwan Manjra pleaded guilty in December 2024 to an offense under the Computer Misuse Act 1990 (CMA). He had accessed personal data on his employer’s systems without authorization and shared it with another person for profit. He was ordered to pay £355,880.10 within three months from May 2026. If he fails to do so, he faces a default custodial sentence of three and a half years, and will remain liable for the full amount of the debt.</li><li>The RAC Orders: Debbie Okparavero and Maliha Islam both pleaded guilty in October 2024 to offenses under the CMA and the Data Protection Act 2018 (DPA). They had copied and sold 29,500 lines of personal data relating to individuals involved in road traffic accidents. Okparavero was ordered to pay £85,727.32 within three months from May 2026, failing which she faces a default custodial sentence of 18 months and remains liable for the full debt. Islam was ordered to pay £33,125 in November 2025, which she has since paid in full.</li></ul>Notably, the Manjra case was prosecuted under the CMA, rather than the DPA, and the RAC cases involved offenses under both statutes – a significant enforcement choice, because the core DPA offenses are non-imprisonable and have often resulted in relatively modest fines (e.g., a £1,500 fine in a prosecution involving a former insurance claims advisor who accessed personal injury claim records without authorization). This enforcement choice is a reminder that the ICO is not limited exclusively to data protection legislation when pursuing criminal enforcement in this area.Key Takeaways for Organizations<ol><li>Where data misuse generates profit, the ICO is prepared to “follow the money.” The Manjra Order appears to be the largest confiscation order the ICO has secured to date, and the RAC Orders reinforce the trend – together, recent POCA recoveries total nearly £475,000. This isn’t the first time the ICO has turned to POCA in data misuse cases. Previous examples include prosecutions involving employees of a major telecommunications provider in 2011, and the ICO has more recently confirmed that financial investigators are pursuing recovery in its largest-ever nuisance call investigation, which is currently ongoing. Taken together, these cases suggest that POCA is becoming a more routine part of the enforcement toolkit. For organizations, the practical implication is that where employees misuse data for financial gain, the resulting investigation is likely to be more intensive and prolonged, and the organization may expect to be called upon to cooperate, including by providing system logs, access records, or other internal evidence.</li><li>Organizations should monitor for signs of insider threats and be prepared to escalate quickly. In both cases, it was monitoring that uncovered the misconduct. Manjra’s employer identified his access to more than 32,000 policies during weekends, when he was not expected to be working, and in the RAC cases, the conduct was discovered after RAC installed new security monitoring software that detected anomalous access patterns. This illustrates why access controls should be supported by monitoring capable of identifying unusual behavior, including: high-volume access, activity outside work hours, access inconsistent with an individual’s role, coordinated misuse across multiple users, and indicators that data may have been copied or sold. Where these indicators appear, organizations should escalate promptly, involve the appropriate regulatory, investigations, privacy, cyber, and employment teams, and preserve access logs, audit trails, and communications records.</li><li>Prompt reporting, investigation and cooperation can help demonstrate a responsible organizational response. The RAC Orders in particular may give organizations some reassurance that prompt reporting and constructive engagement with the ICO can be recognized positively. The ICO expressly credited RAC for detecting the misconduct, referring it promptly, and fully supporting the investigation. However, cooperation should not be viewed as a shield against all regulatory scrutiny. Organizations should also be prepared to assess notification obligations, address control gaps, and take appropriate disciplinary action where relevant.</li><li>The fact that the Orders were directed at individuals does not mean organizations are free from criminal sanctions. As noted above, the Orders were directed at the individual employees, not their employers. However, organizations should not assume that employee misuse will only ever be treated as an individual enforcement issue. The absence of public regulatory action against the organizations in these cases does not rule out separate or subsequent scrutiny of an organization’s own controls, governance, reporting, or incident response. This is particularly worth bearing in mind given recent changes to corporate criminal liability laws in the UK, which have broadened the circumstances in which organizations may themselves face criminal exposure for the conduct of their senior managers.</li></ol>

When Data Misuse Becomes a Proceeds of Crime Issue – The UK ICO’s Growing Use of Confiscation Orders

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